THE defense rested their case on Thursday, April 15 in the murder trial of Derek Chauvin in the death of George Floyd.<\/p>\n
The defense presented a total of two days of testimony to the prosecution's two weeks.<\/p>\n
Read our Derek Chauvin trial live blog for the latest updates<\/p>\n
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The Fifth Amendment to the United States Constitution addresses criminal procedure as well as other aspects of the Constitution.<\/p>\n
The Fifth Amendment applies to every level of the government, including the federal, state and local levels, in regard to a US citizen or resident of the US.<\/p>\n
One provision of the Fifth Amendment requires thatfeloniesbe tried only uponindictmentby agrand jury.<\/p>\n
Another provision, theDouble Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense.<\/p>\n
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Theself-incriminationclause provides various protections against self-incrimination, including the right of an individual to not serve as a witness in a criminal case in which they are the defendant.<\/p>\n
\"Pleading the Fifth\" is a colloquial term often used to invoke the self-incrimination clause when witnesses decline to answer questions where the answers might incriminate them.<\/p>\n
The Fifth Amendment reads as followed: \"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia.<\/p>\n
\"When in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.\"<\/p>\n
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As the defense side drew to a close on April 15, Chauvin removed his Covid-19 face mask and informed the judge that he would not testify, saying he would invoke his Fifth Amendment right not to take the stand.<\/p>\n
\"Is this your decision not to testify?\" Judge Peter Cahill asked Chauvin.<\/p>\n
\"It is, your honor,\" Chauvin told the judge.<\/p>\n
There was speculation whether Chauvin would testify.<\/p>\n
Charges against Chauvin include second-degree murder, third-degree murder and second-degree manslaughter.<\/p>\n
An expert told the Star Tribune that it was too risky for Chauvin, whose actions were caught on video, to testify.<\/p>\n
\"Chauvin doesn't come across as a character that you want to root for because of the video,\" Joseph Daly, emeritus professor at Mitchell Hamline School of Law, told the Star Tribune.<\/p>\n
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\"[Prosecutors will] take him through every single second of that video and have him testify.<\/p>\n
\"In cross-examination he'll just get beat up. It'll be horrible for him. The risk is so immense for him to testify.\"<\/p>\n
Floyd's loved oneswanted to see Chauvin take the stand.<\/p>\n
\" He won't be able to handle what's thrown at him, because how can you explain that you had your knee on a man's neck for nine minutes? How can you explain that? There's no way to explain. You can't,\"brother Philonise Floydtold the Star Tribune.<\/p>\n
\"So it will be a good thing [if he testifies], but I know that's not going to happen.\"<\/p>\n
The high profile case is expected to end sometime next week.<\/p>\n
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Chauvin's decision not to testify has competed the case for both the defense and prosecution's side, which sets up the stage for closing arguments and deliberation Monday, April 19.<\/p>\n
The three other fired officers who assisted in Floyd's arrest - J Alexander Kueng, Thomas Lane and Tou Thao - are scheduled to be tried in August on charges of aiding and abetting murder and manslaughter.<\/p>\n
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See more here:<\/p>\n
What is the Fifth Amendment?<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" THE defense rested their case on Thursday, April 15 in the murder trial of Derek Chauvin in the death of George Floyd. The defense presented a total of two days of testimony to the prosecution's two weeks. Continue reading